Supreme Court Justice Samuel Alito has told people close to him that he does not intend to retire, despite Republicans soon losing the ability to swiftly confirm conservative judicial nominees.
With Republicans currently controlling the Senate, Donald Trump could have had an opportunity to fill vacancies created by the departures of Alito, 76, or Justice Clarence Thomas, 78.
That window is expected to close in January, when Democrats assume control of the Senate and could use the filibuster to block a nominee.
Alito has indicated to confidants that he will remain on the bench rather than leave in time for Republicans to push through a Trump-backed successor, The New York Times reported.
According to two sources cited by the newspaper, Alito made his decision after it became clear Democrats had won control of the Senate. The justice votes with Trump in 89 percent of cases, according to SCOTUSblog.
Trump had suggested several weeks ago that Alito was considering retirement, in what appeared to be an unusual public attempt to encourage the conservative justice to leave the court.
The former president made the comments in a brief post on Truth Social, adding to months of speculation about Alito’s future.
‘A great man!!! President DJT,’ Trump wrote Friday morning before linking to a report headlined, ‘Justice Alito confirms he is considering retirement.’
Supreme Court Justice Samuel Alito is indicating that he plans to remain on the bench, even as Republicans are set to lose their ability to confirm judges when Democrats take control in January
Trump recently suggested that Alito was contemplating retirement, appearing to apply public pressure on the justice to leave the Supreme Court
Alito, who was appointed by former President George W. Bush, acknowledged in a rare CBS News interview last month that he had considered retiring this year.
‘It’s something that I think that somebody at my age has to think about every term,’ Alito said.
‘But I thought that I could still make a valuable contribution, which is why I became a justice and a judge in the first place,’ he added.
Trump has repeatedly praised Alito on social media as one of the ‘Greatest of All Time,’ even as he has criticized the three justices he appointed during his first presidency.
In a Fox News interview earlier this year, Trump said he was ‘prepared’ to nominate as many as three Supreme Court justices if vacancies opened.
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‘It’d be nice to say, now I have somebody for 40 years,’ Trump told then-Fox News host Maria Bartiromo in April.
His comments suggested that potential nominees were already being assessed by his administration as it prepared for the possibility of multiple openings on the court.
A Republican-controlled Senate could have enabled Donald Trump to potentially replace Alito, 76, and Clarence Thomas, 78, as the two aging conservative justices
Supreme Court justices pose for an official group photograph at the court in Washington in 2022
Trump has generally paired his comments with praise for Alito and Justice Thomas, another longtime conservative appointed by Bush. Thomas has also faced occasional retirement speculation, although considerably less than Alito.
During his first term, Trump moved rapidly to fill Supreme Court vacancies.
After the death of Justice Ruth Bader Ginsburg, Trump announced Amy Coney Barrett as his nominee and secured her confirmation within 30 days, just one week before he lost the 2020 election to Joe Biden.
Neil Gorsuch was confirmed in a little more than two months, while Brett Kavanaugh’s nomination, which was marked by controversy and scandal, took just under three months to complete.
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Trump has since turned against all three of his appointees after they ruled against him in major cases during his second term, including disputes over his use of emergency powers to impose broad global tariffs and his executive order attempting to end birthright citizenship.
He has nevertheless made clear that he would welcome the chance to appoint a fourth justice if a vacancy arose.
However, as the Times noted, an Alito retirement would not have guaranteed Trump another successful confirmation.
Even with a 53-47 Republican majority, the administration would have needed to satisfy moderates such as departing senators Susan Collins and Lisa Murkowski, along with fellow outgoing Republicans John Cornyn, Bill Cassidy and Thom Tillis, all of whom have clashed with Trump in recent months.
Trump now faces the prospect of negotiating with a Senate in which he would need at least six Democratic votes to preserve his party’s long-term influence over the Supreme Court.
